The Elappully Service ... vs The Commissioner Of Income ...
2022 Latest Caselaw 7974 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 21211 OF 2022
PETITIONER/S:

          THE ELAPPULLY SERVICE CO-OPERATIVE BANK LIMITED
          NO.F 1193, ELAPPULLY, PALAKKAD DISTRICT, PIN - 678 622,
          REPRESENTED BY ITS SECRETARY.
          BY ADV O.D.SIVADAS


RESPONDENT/S:

    1     THE COMMISSIONER OF INCOME TAX(APPEALS)
          AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN - 680 001.
    2     THE INCOME TAX OFFICER
          WARD 2, AAYKAR BHAVAN, ENGLISH CHURCH ROAD, PALAKKAD,
          PIN - 678 014.
          SRI. JOSE JOSEPH,SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21211 OF 2022                2



                                  JUDGMENT

Petitioner is a Primary Agricultural Credit Society

registered under the Kerala Co-operative Societies Act, 1969.

Ext.P1 order of assessment was issued against the petitioner on

20.12.2016. In the assessment order, petitioner's claim for

deduction under Section 80P was rejected on the ground that

there was no evidence to show that petitioner satisfied the

ingredients of the Primary Agricultural Credit Society as

contemplated under the Kerala Co-operative Societies Act.

2. While assailing the assessment order before the 1st

respondent, petitioner has sought to canvass that the

judgment of the Supreme Court in Mavilayi Service Co-

operative Bank Ltd. v. Commissioner of Income Tax [2021

(1) KLT 485] now governs the field thereby rendering the

assessment itself as incorrect.

3. Since the petitioner has already preferred an appeal as

Ext.P3 and the same is pending consideration before the 1st

respondent, I deem it fit that this writ petition be disposed of,

directing the Appellate Authority to consider the appeal in a time

bound manner.

4. Accordingly, there will be a direction to the 1st

respondent to consider and pass appropriate orders on Ext.P3

as expeditiously as possible.

5. Till the disposal of the appeal, no coercive steps shall

be initiated against the petitioner pursuant to Ext.P1 assessment

order and Exts.P2 and P4 demand notices.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 21211/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 20/12/2016 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2014-15.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 20/12/2016 ISSUED BY THE 2ND RESPONDENT OF UNDER SECTION 156 OF THE INCOME TAX ACT FOR ASSESSMENT YEAR 2014-15.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 23/01/2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2014-15. Exhibit P4 TRUE COPY OF THE PROCEEDING DATED 9/6/2022 ISSUED BY THE 2ND RESPONDENT IN RELATION TO THE ASSESSMENT YEAR 2014-15.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 6/09/2021 IN WP(C) NO.18004 OF 2021 RENDERED BY THIS HON'BLE COURT.